Bar room punch sentence highlights disparity - Dunkley
Bermuda has been sent a wrong message that certain people can get away with assault, according to Senator Michael Dunkley.He said he felt compelled to speak out after a man who pleaded guilty to assault causing grievous bodily harm, received a six-month conditional discharge in Magistrates' Court.The 36-year-old was “a white guy who paid out a lot of money and got off”, the Shadow National Security Minister said.He then expressed scepticism that a black man would have been given a discharge for the same offence.Sen Dunkley's remarks followed widespread comment provoked by The Royal Gazette's release of bar room CCTV footage of the assault.The short clip shows a 32-year-old knocked unconscious with a sudden punch from Richard Brown.Brown paid victim Matthew Claridge $17,000 towards his medical expenses and an extra $10,000, described by his lawyer as a gesture of goodwill.Government MP Marc Bean, who represents Warwick South Central, said the alleged sentencing disparity was nothing new.“Maybe it's new for the Opposition, but speaking on behalf of the people, especially the young men in my constituency and community, it's a case of who feels it, knows it,” Mr Bean said.“The system has areas in which the judiciary should be improved. There is no need to focus on one particular case, because it's greater in scope.”He added: “There are many instances in which bias and particularity in sentencing have arisen and the public have questioned the rationale of those decisions.“Often you will find it's clear that the judiciary in Bermuda is accused of being partial in a variety of ways.”Mr Bean said the responsibility of legislators was to “collectively do what we can to strengthen our judiciary in discharging their duties”.Sen Dunkley said that “justice must not only be done, but it must be seen to be done”.“This is not a criticism of the judiciary. I wasn't in court. But it was clear to me, after I viewed the videotape of the incident, that there was something further that should have been done. We are not sending the right message with this.“This is a man who pleaded not guilty, then pleaded guilty and paid the other man off. This sends totally the wrong message. It seems clear from the tape that he had little remorse at the time. When I saw the video footage, it blew me away.“The other guy was cold-cocked after this man had his arm around him [in a friendly manner], and then casually started drinking again. The only people who went to help him were other patrons of the bar who were not involved.”He continued: “I know of a guy who was given nine months in jail for a similar offence. This is one of the challenges we have in Bermuda. This is a white guy who paid out a lot of money and got off. Would the same thing have happened to a 23-year-old black guy?”The Senator said he wasn't “trying to come down” on Brown but residents needed to feel there was a level playing field.